Posts tagged Nhtsa
DWI Walk And Turn Test Houston Texas
Sep 17th
Reader’s Question:
I was lucky enough not to have been charged with DWI after being pulled over a few days ago here in Houston, Texas. During the stop, I was asked to do some tests like walking on a straight line among other things. I knew that the officer was looking for a clue that I was intoxicated, if he found at least one clue, will I be charged with DWI then?
Larry
Houston, TX
DWI lawyers in Houston, Texas usually see the walk and turn test offered with only an imaginary line. It would be difficult to tell that the test would be hard without the studies. DWI lawyers would also commonly see their clients who were ordered to stand heel to toe while the instructions are delivered. Standing in this unnatural pose for one minute while listening to a police officer for important instructions may be more challenging than intended.
It is generally common for a police officer to identify one (and only one) clue would seem to indicate probable impairment. An example is that a police officer would generally say that a DWI suspect “stumbled on the turn.” But according to the National Highway Traffic Safety Administration (NHTSA) Study, this would amount to only one indicator of impairment and does not show that the accused is probably impaired.
What Are The Common Houston DUI Field Sobriety Tests
Aug 1st
Reader’s Question:
I have to be cautious now because I often drink and drive on a Friday night but I don’t wanna be charged with DUI. In a DUI case, what are the different field sobriety tests? If I will be caught drunk driving here in Houston, Texas, must I submit to these field sobriety tests and breath test?
Shana
Houston, TX
If a police officer pulls you over on suspicion for DUI in Houston, Texas, you can refuse to take the field sobriety tests if asked to because these tests are voluntary in the state of Texas. The standardized field sobriety testing model is created by the National Highway Transportation Safety Administration (NHTSA) which consists of the One-Leg-Stand Test, the Horizontal Gaze Nystagmus (HGN) Test, and Walk and Turn (WAT) Test. These field sobriety tests could be critical pieces of evidence in DUI cases if breath or blood tests have been found unreliable and suppressed, or if there was a refusal to take a breath test or blood test. But in other DUI cases, these tests could not have much bearing.
On the other hand, you must not refuse to take the breath test because that will lead to automatic suspension of your driver’s license and it could also be used as presumptive evidence against you and could carry additional civil or criminal sanctions.
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